Got a ticket from state trouper

[Captain Fin]

Officer Rambo wrote me a ticket labor day. I was traveling north bound out of the Florida Keys in stop and go traffic and was at a stop when I noticed Rambo going south bound and we made eye contact. Rambo lit the candles made a u turn and worked his way in behind me. I stopped on the shoulder and the officer said he was concerned that I was not wearing eye protection. My wife and I had removed our helmets with full face shield due to the heat and slow pace of going north bound. One could walk out of the Keys faster than driving. My wife and I put our helmets back on but we I received a ticket for no eye protection. In Florida a helmet is not required but eye protection is. The eye protection law is not to protect the rider, but to protect the public. Mopeds and passengers on a motocycle are not required to have eye protection. My defense is going to be that I had removed my eye protection due to conditions and that the wind shield on the spyder provided safe protection of my eyes under the conditions I was operating. I also noticed on a web site DMV.com that a windshield on a motocycle meets the eye protection requirement although the officer told me that it did not.

[GloryRyders]

Good luck with your defense.

[MouthPiece]

Officer Rambo wrote me a ticket labor day. I was traveling north bound out of the Florida Keys in stop and go traffic and was at a stop when I noticed Rambo going south bound and we made eye contact. Rambo lit the candles made a u turn and worked his way in behind me. I stopped on the shoulder and the officer said he was concerned that I was not wearing eye protection. My wife and I had removed our helmets with full face shield due to the heat and slow pace of going north bound. One could walk out of the Keys faster than driving. My wife and I put our helmets back on but we I received a ticket for no eye protection. In Florida a helmet is not required but eye protection is. The eye protection law is not to protect the rider, but to protect the public. Mopeds and passengers on a motocycle are not required to have eye protection. My defense is going to be that I had removed my eye protection due to conditions and that the wind shield on the spyder provided safe protection of my eyes under the conditions I was operating. I also noticed on a web site DMV.com that a windshield on a motocycle meets the eye protection requirement although the officer told me that it did not.

Are you familiar with the law of diminishing returns?

Chris

[GeoffCee]

...but we I received a ticket for no eye protection. In Florida a helmet is not required but eye protection is. The eye protection law is not to protect the rider, but to protect the public. Mopeds and passengers on a motocycle are not required to have eye protection.

Is the type of eye protection specified in the statute? I've seen those neat-as-a-new-pin Florida cops on UK TV riding their chromed-up pretty bikes wearing shades. If shades are sufficient then your screen should qualify. Eye protection from what? On the Spyder you are virtually immune from being hit by stuff being thrown up off other vehicle's tires cos of the very substantial bodywork and flying insects cannot get through the screen. Good luck.

[BajaRon]

I'm glad you are not rolling over on this one. When their wrong, it's important to inform them of that fact.

[va2djd]

Just for my self how mutch for the fine driving with
out eye protection?

[Bob Denman]

(Devil's Advocate here for just a moment... )
You sure seem to be pre-occupied with the speed that you weren't traveling; does the statute regarding eye protection mention that it's not required below a certain speed?
I'm not familitar with Flrida's DV rules regarding equipment; where's that website that mention that a windshield suffices?

Sorry!

[DocRags]

I don't think the windshield is going to give you any type of a defense. The Florida statute allowing riders to ride without a helmet states: "A person may not operate a motorcycle unless the person is wearing an eye-protective device over his or her eyes of a type approved by the department." The list of approved devices is available on request; I didn't see one online.

You are probably better off paying the fine and chalking it up as a lesson learned. (Sure will keep me from doing the same thing in stop and go traffic). (IMO the argument that you see LEO's without eye-protective devices on won't win you points with a judge ).

[MouthPiece]

Just for my self how mutch for the fine driving with
out eye protection?

From reading Section 318.18, Florida Statutes, it would appear to be $30.00. This is a non moving traffic violation.

Hence my question about diminishing returns.

Chris

[Bob Denman]

Do they add Court Costs to that; like they do up here in New York?

[Rar]

[QUOTE=Bob Denman;511562]Do they add Court Costs to that; like they do up here in New York?[/

I got a ticket for an expired inspection. The fine was something like $25.00 and the Court Cost something like $80.00.

Sorry this happened to you. Tickets are the pits!

[MouthPiece]

Do they add Court Costs to that; like they do up here in New York?

No court costs when dealing with non moving civil traffic infractions. Court costs only come into play if it had been a "criminal traffic offense" such as reckless driving, D.U.I., fleeing and attempting to allude, driving on a suspended driver's license ad nauseam. (edited post script: In Flarda)

Chris

[boborgera]

Is the type of eye protection specified in the statute? I've seen those neat-as-a-new-pin Florida cops on UK TV riding their chromed-up pretty bikes wearing shades. If shades are sufficient then your screen should qualify. Eye protection from what? On the Spyder you are virtually immune from being hit by stuff being thrown up off other vehicle's tires cos of the very substantial bodywork and flying insects cannot get through the screen. Good luck.

The eye protection has to be DOT approved. Just as the face shields on helmets are.
Also i've been hit by flying debris many times while riding the Spyder it makes a nice sound when a small rock hits the face shield.

[FANG]

Sunglasses in lieu of faceshield?

[Jeriatric]

Some will give a person a warning, some won't. Sounds like he wrote you according to the law in his state. Lesson learned. Pay the piper and move on.

[GeoffCee]

Also i've been hit by flying debris many times while riding the Spyder it makes a nice sound when a small rock hits the face shield.

Rock makes a nice sound. No argument from me, rock has always been Graceland to my ears.

[Bob Denman]

Did you ever take on a June Bug at 60 mph in a game of chicken and have nobody swerve? It sounds about like a M-80 going off right in front of your eyeballs!
Eyeballs are pretty tough to replace...

[Captain Fin]

Did you ever take on a June Bug at 60 mph in a game of chicken and have nobody swerve? It sounds about like a M-80 going off right in front of your eyeballs!
Eyeballs are pretty tough to replace...

The ticket must include court costs because they are asking for $116.00. I mention the speed and conditions because mopeds are not required to have eye protection and I was going slower than a moped. Its still my understanding that one is innocent until proven guilty, so why should I roll over. If any of the really great legal minds that read this post have any suggestions, I am all ears. The windshield on the spyder is DOT approved and I had the spyder attached to me, so therefore I was wearing DOT approved eye protection. Remember, Clinton did not have sex with that woman. I have talked to friends of mine in law enforcement about this ticket and they say I should go to court and plead not guilty. They say the state trouper was out of bounds when he stopped me for a non moving violation in snail pace traffic on a hot day. He stopped me because he could not write speeding tickets.

[Arr MiHardies]

He may have been anti Spyder as well. Discriminating against the ride.

And I seem to recall someone getting hit by not a rock... But an entire turkey!

[MarkLawson]

The Florida Motorcycle Handbook states on page 13-14:

4.2.2 - Eye and Face Protection
A plastic shatter-resistant face shield can help protect your whole face in a crash. It also protects you
from wind, dust, dirt, rain, insects and pebbles thrown up from cars ahead. These problems are
distracting and can be painful. If you have to deal with them, you can’t devote your full attention to the
road. Goggles protect your eyes, though they won’t protect the rest of your face like a face shield does.
A windshield is not a substitute for a face shield or goggles. Most windshields will not protect your eyes
from the wind. Neither will eyeglasses or sunglasses. Glasses won’t keep your eyes from watering, and
they might blow off when you turn your head while riding.
To be effective, eye or face shield protection must:
• Be free of scratches.
• Be resistant to penetration.
• Give a clear view to either side.
• Fasten securely, so it does not blow off.
• Permit air to pass through, to reduce fogging.
• Permit enough room for eyeglasses or sunglasses, if needed.
Tinted eye protection should not be worn at night or any other time when little light is available.

The 2012 Florida statute says:

Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL View Entire Chapter

316.211 Equipment for motorcycle and moped riders.—
(1) A person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. The Department of Highway Safety and Motor Vehicles shall adopt this standard by agency rule.
(2) A person may not operate a motorcycle unless the person is wearing an eye-protective device over his or her eyes of a type approved by the department.
(3)(a) This section does not apply to persons riding within an enclosed cab or to any person 16 years of age or older who is operating or riding upon a motorcycle powered by a motor with a displacement of 50 cubic centimeters or less or is rated not in excess of 2 brake horsepower and which is not capable of propelling such motorcycle at a speed greater than 30 miles per hour on level ground.
(b) Notwithstanding subsection (1), a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.
(4) A person under 16 years of age may not operate or ride upon a moped unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation.
(5) The department shall make available a list of protective headgear approved in this section, and the list shall be provided on request.
(6) Each motorcycle registered to a person under 21 years of age must display a license plate that is unique in design and color.
(7) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 1, ch. 85-329; s. 23, ch. 87-161; s. 2, ch. 88-405; s. 321, ch. 95-148; ss. 4, 167, ch. 99-248; s. 6, ch. 2000-313; s. 13, ch. 2006-290.
Note.—Former s. 316.287.

There seems to be separate descriptions of 'protective headgear' (section 1) & 'eye-protective device' (section 2). The statue seems to give people over the age of 21, who have sufficient medical insure, a pass on the protective headgear, but does not give a pass on the use of eye-protective devices (section 3(b)).

You might prevail in court or might not. Either way, you should have a better understanding of the statute after the hearing than before.

Good luck!

[MouthPiece]

How far is it from Key Largo to the courthouse in Monroe County?What do you charge per hour for your work services either professionally or occupationally? Plan on being in court for at least two hours. I would think that your argument, although quite innovative and creative, would be a stretch, but hey? Who am I to say?

Good luck in court.

Chris

[Captain Fin]

How far is it from Key Largo to the courthouse in Monroe County?What do you charge per hour for your work services either professionally or occupationally? Plan on being in court for at least two hours. I would think that your argument, although quite innovative and creative, would be a stretch, but hey? Who am I to say?

Good luck in court.

Chris

The website that states that a windshield is approved eye protection in Florida is www.dmv.org/fl-florida/motorcycle-license.php. The reason we have lost so many of our freedoms in this country is because people roll over. The distance to the courthouse is 18 miles and what a nice ride on a spyder. Dont worry, I can afford the gas.

[crazyspyder]

The ticket must include court costs because they are asking for $116.00. I mention the speed and conditions because mopeds are not required to have eye protection and I was going slower than a moped. Its still my understanding that one is innocent until proven guilty, so why should I roll over. If any of the really great legal minds that read this post have any suggestions, I am all ears. The windshield on the spyder is DOT approved and I had the spyder attached to me, so therefore I was wearing DOT approved eye protection. Remember, Clinton did not have sex with that woman. I have talked to friends of mine in law enforcement about this ticket and they say I should go to court and plead not guilty. They say the state trouper was out of bounds when he stopped me for a non moving violation in snail pace traffic on a hot day. He stopped me because he could not write speeding tickets.

I have never to this day rolled-over, I've lost only once in 4 garbage citations. The lamest one was for picking my nose ...I mean for swerving to avoid a road kill.
NO matter what , on a three wheel it's REALY hard to miss those critters.it all depends on what mood they are inn and that doesn't cut it with me!
here are a few I got in TEXAS-georgetown;
- no helmet > > dismissed
- no proof of adequate medical insurance > dismissed
- defective lighting (LED's ) > dismissed
- snail-crawl in traffic and got stuck in middle of turn at traffic light> dismissed
- reckless driving (avoiding that huge road kill possum) > dismissed
- I am sure that I am forgetting one ....
Happy riding and to all spyder owners ...cheers and red wine with cheese!

[NancysToy]

The website that states that a windshield is approved eye protection in Florida is www.dmv.org/fl-florida/motorcycle-license.php. The reason we have lost so many of our freedoms in this country is because people roll over. The distance to the courthouse is 18 miles and what a nice ride on a spyder. Dont worry, I can afford the gas.

That is the DMV website, it is not the law. It won't hold up in court. The law reads:

316.211 Equipment for motorcycle and moped riders.—
.........
(2) A person may not operate a motorcycle unless the person is wearing an eye-protective device over his or her eyes of a type approved by the department.
.........

[Bob Denman]

I mention the speed and conditions because mopeds are not required to have eye protection and I was going slower than a moped. Its still my understanding that one is innocent until proven guilty, so why should I roll over. If any of the really great legal minds that read this post have any suggestions, I am all ears. The windshield on the spyder is DOT approved and I had the spyder attached to me, so therefore I was wearing DOT approved eye protection. .

Well good luck; but I see a couple of problems in here...
YOu weren't on a Moped, and in fact were exceeding the 50cc limitation by almost 950cc..
How was the Spyder attached to you? Bolted? Zipped? Unless there's something else here going on; I'd guess that you were sitting on it... I'd bet you a nickel that's not considered as "securely fastened" (As per the wording of the statute)

But I never went to Law School... Anybody else got something that'll help him?